DiPirro v. Brownells, Inc., et al.

Posted: 01/08/2001  browse the case archive

On January 8, 2001, the Superior Court of California County of Alameda entered a Consent Judgment in DiPirro v. Brownells, Inc., et al., which resolved citizen enforcer Michael DiPirro's allegations that the defendant Brownells sold sporting goods maintenance and repair products containing cadmium, nickel and nickel compounds, carbon monoxide, and lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement and pursuant to Section I of the Agreement, Brownells agreed not to knowingly ship (or cause to be shipped) any products listed in Exhibit A and Exhibit B of the Consent Judgment that contain a Proposition 65 listed chemical for sale in the State of California unless such products carry the appropriate Proposition 65 warnings in compliance with subsections 1.1 through 1.3 of the Agreement.

The Consent Judgment requires settlement payments of $47,000, divided therein between civil penalties, 75% of which are paid to California's Office of Environmental Health Hazard Assessment, and compensation to whistleblower DiPirro and his counsel for their successful enforcement of this matter in the public interest.

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